D. Massachusetts cuts intellectual property fee award 31%, including for block billing

What happened

Gibson Dunn, counsel for ACQIS, requested $5,864,743.72 in fees under 35 U.S.C. § 285. The court awarded $4,044,180.15, a reduction of $1,820,563.57 or 31.0%. It excluded $472,503.53 in fees incurred before January 22, 2018, imposed a 20% global reduction for block billing, and added a 5% global reduction because time on summary judgment and expert motions was excessive. The figures do not include costs.

What the court said

The Court will impose a twenty-percent global reduction to account for block billing.

The court also reduced the award for: other, excessive hours.

Why it matters

The ruling shows that a court may apply a global percentage cut for block billing rather than parse each entry, and may stack a further cut for excessive hours. It also shows that fees incurred before a date the court sets can be excluded entirely, so the time records must tie each entry to the compensable period.

How to keep this out of your fee petition

• Record one task per entry, each with its own time.
• Write the entry when the work happens, not at the end of the week.
• If a task really is one unit of work, say what it was and what it produced.

Cite this ruling

See hourly rates the D. Massachusetts approves and attorney fee motions in Massachusetts federal courts.

Figures and quotes are taken from the opinion and checked against its text. Spot an error? Email team@legaltime.ai with the case name and we will correct it. Summaries of public court opinions. Not legal advice.